A/HRC/11/36
page 20
Table 3
Justice, law enforcement and impunity
Paragraph
57
60
98
Issue
Punish racist and
xenophobic activities
Combating impunity
for such acts
65
Impunity for crimes of
genocide
100
Access to justice
101
Prosecution of racism
and racial
discrimination
102
Racial profiling
Commitments by Member States
To combat impunity for acts of racism, racial discrimination, xenophobia
and related intolerance, to secure expeditious access to justice, and to
provide fair and adequate redress for victims.
To punish violent, racist and xenophobic activities by groups that are based
on neo-Nazi, neo-Fascist and other violent national ideologies.
To combat impunity for crimes with racist or xenophobic motivations,
including through adopting appropriate legislation, as well as amending,
rescinding or nullifying any laws and regulations which create or perpetuate
racism, racial discrimination, xenophobia and related intolerance.
To combat impunity for crimes of genocide in accordance with international
law [...] and cooperate with international criminal tribunals.
To ensure that everyone within a State’s jurisdiction, including victims of
racism, racial discrimination, xenophobia and related intolerance, enjoys
access to justice, as well as to appropriate State institutions and mechanisms
in order to seek recognition of wrong-doing and just, fair and adequate
reparation or satisfaction for any damage suffered.
To ensure that investigations of all acts of racism and racial discrimination,
in particular those committed by law enforcement officials, are carried out in
an impartial, timely and exhaustive manner, that those responsible are
brought to justice in accordance with the law, and that victims receive
prompt, just and adequate reparation or satisfaction for any damage.
Not to resort to profiling founded on grounds of discrimination prohibited by
international law, including on racial, ethnic or religious grounds and
prohibit it by law.
Concrete measures
Data collection on hate crimes;
Appropriate hate crimes legislation.
Training of law enforcement for investigation
and prosecution of such crimes.
Existence of and access to effective and
adequate remedies.
Ratification of Genocide Convention.
Ratification of Rome Treaty;
Cooperation with the International Criminal
Court and ad hoc tribunals.
Existence of and access to effective and
adequate remedies.
Access to justice guaranteed by law and in
practice;
Existence of and access to effective and
adequate remedies.
Racism and racial discrimination prohibited
by law.
Cases of racism and racial discrimination,
particularly by law enforcement officials,
investigated and prosecuted promptly;
Data collection on complaints of racism.
Discrimination prohibited by law and in
practice.
Data collection on police activities.